Southwick Sub FP 06-054
BEFORE THE MERIDIAN CITY COUNCIL
C/C February 6, 2007
IN THE MATTER OF THE )
APPLICATION OF GEMSTAR )
DEVELOPMENT, LLC FOR FINAL )
PLAT APPROVAL OF 26 SINGLE- )
FAMILY RESIDENTIAL BUILDING )
LOTS AND 6 COMMON LOTS ON )
10.59 ACRES IN AN R-8 ZONE )
LOCATED AT 1255 WEST USTICK )
ROAD IN THE GOVERNMENT )
LOT 4 OF SECTION, T. 3N., R. lW. )
)
)
)
CASE NO. FP-06-054
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council for Final Plat approval pursuant to
Unified Development Code 11-6B-3 on February 6, 2007, and the Council finding that the
Administrative Review is complete from Kristy Vigil, Assistant City Planner for the Planning
Department, and Michael Cole, Development Services Coordinator for the Public Works
Department, dated: Hearing Date: February 6, 2007, to the Mayor and Council, and the Council
having considered the requirements of the preliminary plat the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of"PLA T SHOWING SOUTHWICK SUBDMSION LOCATED IN
THE GOVERNMENT LOT 4 OF SECTION 1, T. 3N., R. 1 W., BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO 2006, HANDWRITTEN DATE: 10/16/06,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SOUTHWICK SUBDIVISION / (FP-06-054)
Page 1 of 4
SHEET 1 OF 5, BAILEY ENGINEERING, INC.", GEMSTAR DEVELOPMENT,
LLC, Developer, is Conditionally Approved subject to those conditions of Staff
comments as set forth in the Memorandum to the Mayor and City Council from
Kristy Vigil, Assistant City Planner for the Planning and Zoning Department and
Michael Cole, Development Services Coordinator for the Public Works Department,
dated: Hearing Date: February 6, 2007,
listing 20 SITE SPECIFIC
REQUIREMENTS/FINAL PLAT and 12 GENERAL REQUIREMENTS, a true and
correct copy of which is attached hereto marked Exhibit "A", and consisting of 4
pages, and by this reference incorporated herein, and the response letter from Bailey
Engineering, Inc., a true and correct copy of which is attached hereto marked Exhibit
"B" and consisting of 1 page, and by this reference incorporated herein, and the
response letter from N amp a & Meridian Irrigation District, a true and correct copy of
which is attached hereto marked Exhibit "c" and consisting of 1 page, and by this
reference incorporated herein, and the additional requirements of the Council taken
at their February 6, 2007 meeting as follows, to-wit:
1.1 Adopt the Recommendation of the Central District Health
Department as follows:
The Central District Health requires after written approval
from the appropriate entities are submitted, they can approve
this proposal for central sewage and central water; that plans
must be submitted to and approved by the Idaho Department
of Health and Welfare, Division of Environmental Quality for
central sewage and central water; that run-offis not to create a
mosquito breeding problem; and it is suggested that the
stormwater be pretreated through a grassy swale prior to
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SOUTHWICK SUBDIVISION / (FP-06-054)
Page 2 of 4
discharge to the subsurface to prevent impact to groundwater
and surface water quality; that engineers and architects should
obtain current best management practices for stormwater
disposal and design a stormwater management system that is
preventing groundwater and surface water degradation.
Manuals for guidance:
1. State of Idaho Catalog of Stormwater Best
Management Practices for Idaho Cities and Counties.
Prepared by the Idaho Division of Environmental
Quality, July 1997.
2. Stormwater Best Management Practices Guidebook.
Prepared by City of Boise Public Works Department,
May 2000.
2. The final plat upon which there is contained the Certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's requirements shall
be signed only at such time as:
1. The Plat dimensions are approved by the City Engineer; and
2. The City Engineer has verified that all off-site improvements are completed
and/or the appropriate letter of credit or cash has been issued guaranteeing the
completion of off-site and required on-site improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the City
Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A
request for a regulatory takings analysis will toll the time period within which a Petition for Judicial
Review may be filed.
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SOUTHWICK SUBDIVISION / (FP-06-054)
Page 3 of 4
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code ~ 67-6521. An affected person being a person who has an interest
in real property which may be adversely affected by this decision may, within twenty-eight (28) days
after the date of this decision and order, seek a judicial review as provided by Chapter 52, Title 67,
Idaho Code.
By action of the City Council at its regular meeting held on the
I 0 -/i~
day
of J{IJYUlLfW
u
, 2007.
Attest:
.dId-~ -: . -p~BJl.j?iL"R..o f
William G. Berg, Jr., Ci ler % '1'()..,o ~ ~~ f
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Copy served upon Applicant, the Plannin~/aPl~ ZfJmng'Department, Public Works Department, and
City Attorney.
By: ~l~ j-~Jv
Dated:
3 -7-0 ~
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR SOUTHWICK SUBDIVISION / (FP-06-054)
Page 4 of 4
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
STAFF REPORT:
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Kristy Vigil, Assistant City Planner t-V ~
Michael Cole, Development Services Coordinator fY\ c..
Hearing Date: February 6, 2007
Transmittal Date: February 1, 2007
TO:
Mayor and City Council
FROM:
SUBJECT:
Southwick Subdivision Final Plat
Request for Final Plat Approval of Southwick Subdivision Consisting of 26
Single-Family Residential Building Lots and 6 Common Lots on 10.59 Acres in
an R-4 Zone by Gemstar Development, LLC (File# FP-06-054).
We have reviewed this submittal and offer the following comments and conditions of the applicant.
These conditions shall be considered in full, unless expressly modified or deleted by motion of the
Meridian City Council:
APPLICATION SUMMARY & LOCATION
The applicant, Gemstar Development, LLC, has applied for fmal plat approval of 26 single-family
residential building lots and 6 common lots on 10.59 acres of land for Southwick Subdivision. The
current zoning designation for the proposed subdivision is R-4 (Medium Low-Density Residential). The
gross density of the proposed subdivision is 3.02 dwelling units per acre and the net density is 4.69
dwelling units per acre.
Southwick Subdivision is located east of Linder Road at 1255 W. Ustick Road in the NW 1/4 ofT. 3N.,
R.1 W., Section 1. This property has not been previously platted.
The Meridian City Council approved the preliminary plat for Southwick Subdivision on September 12,
2006 and the submitted final plat substantially complies with the approved preliminary plat.
Staff recommends approval of Southwick Subdivision with the comments and conditions stated in
this report.
SITE SPECIFIC CONDITIONS
1. Applicant is to meet all terms of the approved preliminary plat (PP-06-0 18) and annexation and
zoning (AZ-06-019).
2. The construction plans do not indicate the source for the required pressurized inigation system.
Per City Code, surface water shall be utilized for the inigation source. If a pump station is to be
located on site then it shall be located in a common lot, outside of any required landscape buffers.
3. The applicant has not indicated who will own the pressurized inigation system in this
development. If it is to be owned by the Homeowner's Association then a draft Operations and
Maintenance Manual shall be submitted prior to construction plan approval, with a "final draft"
being submitted prior to fmal plat signature by the City Engineer. If it is to be owned and
operated by an inigation district then a letter of plan approval shall be submitted prior to
scheduling of a pre-construction meeting.
Exhibit "A"
FP-06-054 Southwick Subdivision FP .doc
PAGE 1
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEPARTMENTS STAFF REPORT
4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. If a single-point connection to the potable water system is used, the developer
shall be responsible for the payment of assessments for the irrigable common areas prior to
signature on the fmal plat by the Meridian City Engineer.
5. All lots encumbered by the AE flood plain shall receive elevation certification.
6. Staff is uncertain if the Ada County Surveyor will allow the graphically depicted flood plain line
to remain on the plat. If it is not allowed, after the recordation of the plat, the applicant shall
submit to Public Works at addressing time an entirely separate plat with the flood plain line
shown to aid in tracking of lots requiring elevation certification.
7. Prior to construction plan approval the applicant shall submit a "No Rise Analysis" for the
crossing of the Creason Lateral.
8. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7.
Temporary construction fencing to contain debris shall be installed at the subdivision boundary
where permanent fencing does not exist. Perimeter fencing shall be installed prior to release of
building permits for this subdivision.
9. The applicant shall be responsible to construct the sewer and water mains to and through this
proposed development. Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Applicant shall execute City of Meridian standard forms of easements,
for any mains that are required to provide service. Minimum cover over sewer mains is three-feet.
If there is less than three feet from top of pipe to sub-grade then upgraded pipe materials shall be
used per City of Meridian Standard Specifications.
10. The bearings in the second and third callout in the Certificates of Owners do not match what is
shown on the plat. The applicant shall ensure the legal description in the Certificate of Owners
matches what is depicted on the plat, and that both are accurate.
11. The scales on pages 2 and 3 of the plat are incorrectly labeled. The applicant shall revise the plat
so the depicted scale is the actual scale of the drawing shown.
12. The existing house on Lot 3, Block 2 shall be required to connect to City Services. The applicant
shall be responsible for the payment of assessments prior to signature on the final plat. The
applicant shall be responsible for the actual physical connection to the municipal services prior to
Certificates of Occupancy being issued in this subdivision.
13. The plat shows a graphically depicted 10-foot wide gravity irrigation easement along Lots 10,
Block 3, and Lot 2, Block 4. However the construction plan shows no facility being installed
there. Either revise the construction plans to show the gravity irrigation line that is being
installed, OR remove the depicted easement from the face of the plat.
14. Graphically depict an 8-foot wide Public Utilities, Drainage and Inigation easement along all
interior lot lines, where a pressurized irrigation main is being installed. The following lot lines
need the extra easement dedicated according to the submitted construction plans, these may
change due to redline comments.
a.) The south boundary of Lot 3, Block 2.
Exhibit "A"
FP-06-054 Southwick Subdivision FP .doc
PAGE 2
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEP AR TMENTS STAFF REPORT
15. Any existing domestic wells and/or septic systems within this project will have to be removed
from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for
non-domestic purposes such as landscape irrigation.
16. Please submit a copy of the Ada County Street Name Committee's "Final" letter for the street
names and lot & block numbering. Make all corrections necessary to comply.
17. Revise or add the following plat notes on the face of the plat prepared by Idaho Survey Group,
and dated 10/16/06:
7.) Include instrument number.
9.) Revise to read, ". . .shall be in compliance with Title 11 and Title the applicable zoning
regulations of the City of Meridian at the time of building pennit submittal."
*.) Add note, "Direct lot access to Ustick Road is prohibited."
18. The landscape plan, prepared by The Land Group, and dated 01/24/07 shall be revised as follows:
a. Include fencing details for the fencing on the north and west boundaries of Lot 3, Block 2
(i.e. construction materials, & picture/sketch).
b. Show and label the Creason Lateral on the plan.
c. Depict the required landscaping adj acent to the Creason Lateral on the plan.
Submit three full-size copies of the revised landscape plan to the Planning Department prior to
signature of the final plat by the City Engineer.
19. All areas approved as open space shall be free of wet ponds or other such nuisances. All
stonnwater detention facilities incorporated into the approved open space are subject to UDC 11-
3B-11 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as pennitted under UDC 11-3B-
11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stonnwater detention facility call1lot be incorporated into the approved
open space and still meet the standards ofUDC 11-3B-l1, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
20. Staffs failure to cite specific ordinance provisions or conditions of the preliminary plat does not
relieve the Applicant of responsibility for compliance.
STANDARD CONDITIONS
1. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways and the
Creason Lateral, that intersect, cross or lie within the area being subdivided shall be covered.
Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users
association (ditch owners), with written approval or non-approval submitted to the Public Works
Department prior to plan approval. If lateral users association approval can not be obtained,
alternate plans will be reviewed and approved by the City Engineer.
2. Street signs are to be in place, water system shall be installed and activated, sewer system shall
have passed air-testing and video inspection, fencing installed, drainage lots constructed, road
base approved by the Ada County Highway District and the Final Plat for this subdivision shall
be recorded, prior to applying for building pennits.
Exhibit "A"
FP-06-054 Southwick Subdivision FP.doc
PAGE 3
CITY OF MERIDIAN PLANNING AND PUBLIC WORKS DEP AR TMENTS STAFF REPORT
3. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4. All development improvements, including but not limited to water, sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
5. A written certificate of completion shall be prepared by the landscape architect, landscape
designer or qualified nurseryman responsible for the landscape plan upon completion of the
landscape installation. The Certificate of Completion shall verify that all landscape
improvements, including plant materials and sprinkler installation, are in substantial compliance
with the approved landscape plan.
6. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as detennined during the plan review process, prior to signature on the [mal plat.
7. Compaction test results must be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
8. Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Army Corps of Engineers.
9. Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
10. All development features shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
11. Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that have to
be removed.
12. Approval of the preliminary plat shall become null and void if the applicant fails to record the
[mal plat within two years of the approval of the preliminary plat per UDC 11-6B- 7 A. In the
event that the development of the preliminary plat is made in successive phases in an orderly and
reasonable manner, and conforms substantially to the approved preliminary plat, such segments,
if submitted within successive intervals of eighteen months, may be considered for [mal approval
without resubmission for preliminary plat approval per UDC 11-6B- 7B.
ST AFF RECO:MMENDA TION
Staff recommends approval of the final plat for Southwick Subdivision (FP-06-054) with the above
stated conditions.
Exhibit "A"
FP-06-054 Southwick Subdivision FP.doc
PAGE 4
ailey Engineering,lnc.
CIVIL ENGINEERINGIPLANNINGICADD
DATE:
February 5, 2007
TO:
Mayor and City Council
RE:
Southwick Subdivision
Dear Mayor and City COWlcil,
On behalf of our client we would like to state that Gemstar Properties, LLC., agrees with all Site
Specific Comments and Conditions set forth in the final plat for Southwick Subdivision.
Thank you for your time and consideration,
Sincerely,
Aj Lopez
Development Services
1500 E. Iron Eagle Drive + Eagle, Idaho 83616 . Tel.: 208-938-0013 . Fax: 208-938-0516
www ~ ba i levena ineers. com
Exhibit UBI!
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1503 FIRST STREET SOUTH NAMPA, IDAHO 83651 ~4395
FAX # 208-463-0092
10 January 2007
Phones: Area code 208
OFFICE: Nompo 466~7861
SHOP: Nompo 466-0663
City of Meridian
City Clerk's Office
William G. Berg Jr.
33 East Idaho Avenue
Meridian, ill 83642
RE: FP 06-054/Soutbwick
Dear Will:
Please be advised that the easement listed for the Creason Lateral is incorrect. The correct
easement is sixty feet (60 t). This needs corrected.
The Final Plat is not acceptable to Nampa & Meridian Irrigation District at this time therefore it is
not approved.
ALL WORK WITIDN NAMPA & MERIDIAN IRRIGATION DISTRICT FACILITIES
MUST BE CO:MPLETED BY MARCH 15, 2007.
Sincerely,
t3 .iU/I~
Bill Henson
Asst. Water Superintendent
Nampa & Meridian Irrigation District
BH/dbg
c: File.. Office/Shop
APPROXIf.M TE IRRIGABlE ACRES
RIVER flOW RIGHTS. 23,000
BOJSE PROJECT RIGHTS - AO,ooo
Exhibit lie.'